What is the penalty for those who merely frighten travelers without killing or taking property?
General Chapter
Al-Mughni
Book of Highway Robbers
Primary text
If the highway robbers merely frighten travelers (akhāfū al-sabil) without killing or taking property, they are exiled (yunfā min al-ard), based on Quran 5:33. Exile means driving them away from towns and cities so they cannot settle anywhere. This interpretation of exile as banishment is supported by Al-Nakh'i, Qatadah, and 'Ata' al-Khorasani, and relates to the verse's literal meaning of driving away and distancing.
Supporting text
Ibn 'Abbas narrated that exile in this case means banishment from one's own city to another, like the exile for the adulterer. Al-Zanad mentioned people were exiled to Bawadi' of Habashah (Abyssinia). Malik held that they should be imprisoned in the place of exile, similar to the ruling for the adulterer. Abu Hanifa and Al-Shafi'i suggest the Imam should administer discretionary punishment (ta'zir), and Al-Shafi'i added that imprisonment is permissible.